Repeal the 2nd Amendment, Analyst Advises

[raysheen]

Edit: Sorry mods this probably should have gone in the 2nd amendment forum

Repeal Second Amendment, Analyst Advises
By Nathan Burchfiel
CNSNews.com Staff Writer
June 12, 2007

(CNSNews.com) - The Second Amendment guarantees the right of an individual to own guns and for that reason should be repealed, according to a legal affairs analyst who opposes gun ownership.

"The Second Amendment is one of the clearest statements of right in the Constitution," Benjamin Wittes, a guest scholar at the center-left Brookings Institution, acknowledged in a discussion Monday. "We've had decades of sort of intellectual gymnastics to try to make those words not mean what they say."

Wittes, who said he has "no particular enthusiasm for the idea of a gun culture," said that rather than try to limit gun ownership through regulation that potentially violates the Second Amendment, opponents of gun ownership should set their sights on repealing the amendment altogether.

"Rather than debating the meaning of the Second Amendment, I think the appropriate debate is whether we want a Second Amendment," Wittes said. He conceded, however, that the political likelihood of getting the amendment repealed is "pretty limited."

Wittes said the Second Amendment guarantee of the right to bear arms meant more when it was crafted more than 200 years ago than it does today. Modern society is "much more ambivalent than they [the founders] were about whether gun ownership really is fundamental to liberty," he said.

"One of the things that they believed was that the right of states to organize militias, and therefore individuals to be armed, was necessary to protect the liberty of those states against the federal government," Wittes said. "This is something we don't really believe as a society anymore."

But challenging the Second Amendment on the basis that society's circumstances have changed since the drafting would similarly open up to question all other constitutional rights, according to Georgetown University law professor Randy Barnett, who also participated in Monday's discussion.

"The techniques that are used to show that the Second Amendment really doesn't have any contemporary relevance are absolutely available to anybody who wants to show that aspects of the First Amendment and the Fourth Amendment and the Fifth Amendment have no contemporary relevance," he said.

Citing the Fourth Amendment, which protects "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures," Barnett argued, "Sure it was fine that persons should be secure in their papers and effects back in the old days when there wasn't a danger of terrorism and mass murder."

But advocates of warrantless searches could make an "appeal to changing circumstances," on the basis that the Fourth Amendment is "archaic [and] we don't need it anymore," he added.

Barnett recommended that gun control advocates "not favor methods of interpretation [to criticize the legitimacy of the Second Amendment] that you wouldn't want to put in the hands of political opponents."

[original article]
http://www.cnsnews.com/ViewCulture.a...20070612a.html

[DefensiveCarry.com]

[raysheen]

anyone that truly understands the 2nd Amendment and feels that it should be repealed is either evil or just plain crazy...unfortunately you can't argue with either type of "person"

[Rob99VMI04]

2nd protects the 1st.

If you delete the 2nd there alllll gone. No more America. Why not just bring back the SERF and Lord thingy that worked so well for them back in the day. If this happens, I'll keep my guns and I'll keep South West VA.

[Musketeer]

Those who propose repeal of the 2A are neither evil or crazy. One can be wrong and not be evil or crazy.

People who propose the repeal of the 2A believe our society function better without weapons available to the masses. They do not fully understand the responsibilites of a free society or do not believe that a free society is the best solution. These are people who feel problems are best solved by legislation.

They are not right, in my opinion, but they are neither crazy or evil.

At least those who would repeal the 2A are up front in their goals. I give them far more credit than the majority of antis who claim to support the 2A while taking back door measures to subvert it.

[firefighter_56]

Think about this: You have a person who opposes firearms just say the 2nd Amendment gives the right for the people to own firearms!

"First rule of a gun fight is to have a gun"

[Team American]

By Nathan Burchfiel
CNSNews.com Staff Writer

France doesn't have a Second Amendment...he should move to France...

[DirtDawg]

2nd protects the 1st.

Isn't it "funny" about how those who scream about the 2A, always cite the 1A as the end all-do all...

[BGR]

The problem is that the government does not have the right to repeal any part of the Bill of Rights that is the point of them.

[azchevy]

Repeal the 2d and start a civil war. I guarantee you

[obxned]

"One of the things that they believed was that the right of states to organize militias, and therefore individuals to be armed, was necessary to protect the liberty of those states against the federal government," Wittes said. "This is something we don't really believe as a society anymore."

There’s a whole lot of us that believe exactly that, and now more than ever! If our 'leaders' are not worried about the people throwing them out, then why are they working so darn hard to make it impossible?

And while you go about repealing the 2nd Amendment, don't forget to repeal the others, since without the 2nd, they aren't going to last very long either.

[Echo_Four]

Honestly, this is nothing to be upset about. All it is is one liberal that is willing to admit that the Second Amendment says what it says while still holding to his anti-gun beliefs. You have a better chance of a law being passed saying you're not allowed to use toilet paper than seeing the Second Amendment repealed.

[Captain Crunch]

Honestly, this is nothing to be upset about. All it is is one liberal that is willing to admit that the Second Amendment says what it says while still holding to his anti-gun beliefs. You have a better chance of a law being passed saying you're not allowed to use toilet paper than seeing the Second Amendment repealed.

I agree.

Much ado about nothing.

[randytulsa2]

Intellectual honesty from our opponents. I respect it, but I've got to admit that the verbal gymnastics approach has worked for them a lot better. Guess that's why they've used them so much.

[Musketeer]

Gun owners screaming about how they need guns to resist the Federal Gov't are more of a liability to the pro-2A side than any reporter calling for the outright repeal of the 2A.

Most people will look at the reporter and say "I don't think so."

They look at the Pro 2A Militia member talking about firing on Federal officers and shooting down the black helicopters and say "He scares the hell out of me... we need some regulations aginst his type and those weapons ASAP."

[USPnTX]

It is very interesting however, if you think about all that the anti-gun folks have tried. At least one of them has accepted that the 2nd amendment actually means what it says. I see it as a move forward for pro-gun forces. I almost see it as a waving of the white flag of sorts. With the repeal of the DC gun ban and the almost certainty of a ruling by SCOTUS on the 2nd Amendment some of them are running scared. I am betting there is quite a bit of infighting and indecision as to how they anti's should move forward. Unfortunately, they will never give up there quest for an America full of sheeple.

Lastly, I believe the anti-gun folks don't understand the original framers believed in checks and balances (IMHO - one of greatest parts of the constitution). The 2nd Amendment is the people's check and balance against the political machine. When you begin to erode any of the framer's original intent you are starting down the slippery slope to fascism, totaliarianism, communism, socialism (you get the point - besides I'm running out of ism's).